SIMS v. SMYTH

No. 8113.

282 F.2d 814 (1960)

William R. SIMS, Appellant, v. W. Frank SMYTH, Jr., Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 6, 1960.


Attorney(s) appearing for the Case

Charles W. Laughlin, Richmond, Va. (Court-assigned counsel), for appellant.

Reno S. Harp, III, Asst. Atty. Gen., of Virginia (A. S. Harrison, Jr., Atty. Gen., of Virginia, on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


PER CURIAM.

William R. Sims is presently confined in the Virginia State Penitentiary, having been sentenced by the Circuit Court of the City of Richmond on March 12, 1958, under the Virginia Recidivist Statute to a term of ten years, with one year of the term suspended. The proceedings were begun by an information filed by the attorney for the Commonwealth of Virginia, alleging that Sims had been three times convicted of offenses against the Commonwealth, which offenses...

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